Posted by TenantNet on September 27, 1996 at 13:27:14:
In Reply to: Non 30-day notice move penalties posted by Paula Downey on September 26, 1996 at 23:17:45:
: My mother (age 73) lives in Anaheim, CA in an apartment complex called The Redwoods.
: She was given notice that the building had been sold and that renovations were to
: begin soon. She was then (later) notified that she either had to move to another
: apartment in the complex (at a significantly raised rent!) or move to another apartment
: complex of her choosing. She was unsure of what to do but did at last decide on moving
: elsewhere, since this place is a DUMP! for $650 a month!!! Now, the landlord says that
: since she has chosen to move elsewhere instead of within the current complex, she MUST
: pay $25 per day for each day of the 30-day notice she did not give. (She told them about
: two weeks in advance of the date THEY said she HAD to move that she chose to live elsewhere.)
: Can they do this considering THEY are forcing HER out due to no fault of hers? She is elderly,
: and not well. This is all terribly traumatic for her. Seems they shouldn't be able to do
: this. At any rate, she does not have the $450 - $500 they are trying to milk her for.
: Does she have any recourse? Please help me. I desperately want to help her.
We're not experts on California law, but I suggest you get a lawyer quick.
Not only can they not invoke the 30-day penalty (assuming that was enforceable),
depending on the laws of her munnicipality and the terms of the lease, they
might not be able to force her out at all or may have been responsible for finnding her
an alternative place at the same rent. That they represented to her only
two unappealing alternatives where they might have been required to honor
her existing lease, might be grounds for a lawsuit against them. This is
a classic scam and they prey onn older people through intimidation. Get
a lawyer who knows tenants rights in your area. You may have a case to
get their claim thrown out (assuming they did file a case for it) and
also possibly damages on their breach of lease.
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